Castillo

Petitioner seeks an order permitting him to file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. Rule 31(a) requires that notice of appeal in a criminal case be filed within 10 days after rendition of judgment but empowers appellate courts to grant relief from default in proper cases. Petitioner has not presented such a case.

Petitioner was charged with violation of Health and Safety Code, section 11500 (possession of heroin) and of Health and Safety Code, section 11501 (sale of heroin). He pleaded guilty to the possession charge, and the sale charge was dismissed. He admitted a prior conviction of violation of section 11500 on May 9, 1959, for which he served a term in state prison. Judgment was entered on October 21, 1966, sentencing him to state prison. The trial judge denied petitioner !s request for commitment to the California Rehabilitation Center, a narcotic detention, treatment and rehabilitation facility. Petitioner did not, as required by rule 31(a), file “a written notice of appeal with the clerk of the- superior court within 10 days after the rendition of the judgment. ...” His first attempt to appeal was in the form of a petition…